Lawyers in immigration law suing the government Legault

Des avocats en droit de l’immigration poursuivent le gouvernement Legault

Photo: Jacques Nadeau Le Devoir
For the sake of the cause, Seeun Park embodies the immigrants whose cases are destined for the shredder government.

An injunction request was filed Wednesday at the palais de justice de Montréal to force the government Legault to treat 18 000 cases pending at the Immigration department.

The motion for injunction was filed in the name of the Association québécoise des avocats immigration law (québec immigration lawyers association) and Seeun Park, a woman originally from south-Korean who was personally affected by the measure.

Ms. Park filed an application to the department in November 2015 from the South Korea, before coming to settle in Quebec in 2017 with her husband and two children.

She has chosen Québec because she finds the French language “charming” and especially for the quality of life. “My husband and I have worked a lot in Korea. Almost all the weekends. It has not been able to spend time with the children. “

Seeun Park studied French while waiting to obtain a recognition of his training as a nurse, a profession she has practiced for twelve years in Seoul.

Without a Québec selection certificate, it can not do the integration program required by the College of nurses for practice.

“I would just like to live in Montreal with my family. I had to do something for this situation “, she said to the Duty in an interview Wednesday.

She can not turn no longer to the new programs of the ministry. According to this progressing to his lawyers, it is not eligible for the Program of the quebec experience and has little chance to be chosen in the system of declaration of interest in ARIMA because of his age (38 years old) and the fact that it has not worked since his arrival.

In court Friday

The application of injunction order must be debated on Friday morning in the presence of government lawyers. Given that this is a query where the emergency is invoked, the decision should be fast and could even be taken on the same day ” on the bench “.

In addition to the sworn testimony of Ms. Park, and lawyers, the documents presented in court Wednesday include those of three women from Mexico and Belgium, among others.

However, the québec immigration lawyers association says it wants to represent all of the 18 000 people affected by the decision caquiste. “We’re in contact with hundreds of people,” says the lawyer Guillaume Cliche-Rivard in the name of the association, which represents 250 lawyers.

“The lawyers have decided themselves to fund an appeal,” he says. “It is still something that we don’t see every day. They do it out of respect for the law, their clients and the reputation of Canada. “

The decision to put Ms. Park in the foreground replies in addition to strategic considerations, the associations, including the québec immigration lawyers association not constituting a person’s “physical” as the law requires.

The lawyers Guillaume Cliche-Rivard and Ho-sung Kim argued that the refusal to handle the pending requests is ” devastating “. “It destroys the ability of these individuals […] to realize their project of a new life in Canada,” they write in the query.

A law still in draft form

The lawyers also contend that the decision of the minister Simon Jolin-Barrette cancel the 18 000 records was “completely illegal” because, inter alia, that it was to apply to a bill that has not yet been adopted.

“The Court should order the minister to immediately resume its work and continue to process the applications of CSQ [certificate of selection of Quebec] in the queue at a pace that usual, and this, until the adoption of the draft law. “

In an interview with the Duty recently, the minister Simon Jolin-Barrette, said he was convinced to be immune to prosecution because, inter alia, that the federal government had won in court in a similar case in 2012.

At the time, the Harper government had been dragged before the courts after announcing the elimination of 280 000 cases pending (bill C-38). A group of lawyers had brought the case to the federal Court on behalf of the 1500 aspiring immigrants, but the Court had ruled, essentially, that the government had the power to do such a thing.

However, the lawyers who pursue Quebec hold something else from the experience federal. At the time, they stress, the conservative government had also been forced to continue the processing of cases pending the adoption of the draft law.

A dispute is ” a bit special “, said Legault

Invited to respond to this lawsuit, the prime minister François Legault has said to find it “a bit special” as we bring this case before the tribunal prior to the adoption of the draft law.

The minister of Immigration, Simon Jolin-Barrette, said it would first ” take knowledge of the request “, but argued that it does not “changed absolutely nothing in the bill” anyway.

The consultations on the draft law 9 should start with Thursday a parliamentary committee in the national Assembly, he pointed out.

Even if it continues the government, the québec immigration lawyers association must submit a statement next Tuesday. According to Me Cliche-Rivard, this poses no problem, since the request is intended to request the minister to continue to study the records “so that the parliamentary committee” for the act to come “.

He noted that whatever happens with the injunction request this week, his association plans to sue the government on the merits in this folder.

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